Cecily Zamora
Researching the law is an essential skill for anyone in the legal profession, from law students to seasoned attorneys. It involves understanding the key details and questions of a legal issue, as well as identifying, finding, and citing information and applicable laws to support legal decision-making. The process can be broken down into three basic steps: understanding the key details and questions of the legal issue, identifying the relevant laws and information, and then synthesizing the findings. This can include statutes, regulations, court orders, and other primary and secondary sources. Legal research must be comprehensive and precise, and a well-defined framework and strategy can help save time and ensure completeness.
| Characteristics | Values |
|---|---|
| Research process | Identify the legal problem and desired outcome, collect key details, establish a framework, and then begin researching |
| Sources | Primary, secondary, and tertiary sources are used, with secondary sources often being a good starting point |
| Types of sources | Statutes, constitutions, regulations, court orders, case law, legal dictionaries, legal encyclopaedias, treatises, etc. |
| Jurisdiction | Federal or state law, and the specific state if applicable |
| Tools | AI-powered tools, case law research tools, online citation management platforms, etc. |
| Specialisations | Animal law, military law, personal injury law, tax law, real estate law, and more |
| Education | Law school, internships, continuing education courses |
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What You'll Learn
Understanding primary and secondary sources
The materials used for legal research are generally divided into two broad categories: primary sources and secondary sources. Each type of source serves a distinct purpose and has unique characteristics.
Primary Sources
Primary sources are the cornerstone of the legal system, as they represent the actual law. These sources include constitutions, statutes, judicial decisions, administrative rules, and regulations. They establish the current law on a particular legal issue and are considered the primary authority. For example, the Fourth Amendment to the U.S. Constitution, which protects people's rights against unreasonable searches and seizures, is a primary source.
Secondary Sources
Secondary sources, on the other hand, explain, interpret, and analyse the law. They do not establish binding law but can influence its creation and interpretation. These sources include books, articles, law reviews, legal encyclopaedias, and treatises. Secondary sources provide a thorough overview of legal topics and help locate and understand primary sources. For instance, a law review article analysing and discussing the Fourth Amendment would be considered a secondary source.
Conducting Legal Research
When conducting legal research, it is often advisable to start with secondary sources. This approach helps researchers gain a broader understanding of the legal principles and save time by leveraging existing analyses and summaries. Secondary sources also assist in identifying relevant primary sources. After familiarising themselves with the legal landscape through secondary sources, researchers can then delve into primary sources to find the specific laws and regulations applicable to their case.
Examples of Primary and Secondary Sources
Primary sources can include constitutions, statutes enacted by legislatures, municipal codes, and court cases or opinions. For instance, the United States Code and state-specific statutes are primary sources.
Secondary sources may restate the law and provide commentary, analysis, or criticism. Examples include law journals, practice guides, legal encyclopaedias, treatises, and articles. Restatements, though considered secondary sources, are given significant weight by courts and legislatures.
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Using online tools and databases
Online tools and databases have transformed the legal profession, making it easier for lawyers to access and review case law from anywhere in the world. These tools offer a combination of thoroughness, speed, and reliability that traditional research methods cannot match. They provide access to a wealth of information, helping legal professionals stay competitive, maintain compliance, and deliver well-informed counsel.
When selecting a legal research tool, it is important to consider several key factors to ensure it meets your needs and improves workflow efficiency. The tool should offer comprehensive legal databases that cover statutes, case law, secondary sources, and specialized legal areas. It should also have an intuitive and user-friendly interface with efficient search functionalities, such as filters, keywords, and natural language processing.
There are several online tools and databases available for legal research, many of which are free to use. Here are some examples:
- Fastcase: One of the largest online law libraries in the world, providing access to case law, statutes, regulations, constitutions, court rules, and law review articles.
- Legal Information Institute (LII): Provides access to most US laws online for free, as well as a legal encyclopedia and the Supreme Court Bulletin.
- FindLaw: Offers a searchable database of US Supreme Court decisions since 1760, as well as an archive of Supreme Court opinion summaries since 2000.
- Bloomberg Law: A comprehensive software that combines legal tech, robust legal databases, trusted news, expert analysis, and business intelligence.
- Westlaw: A comprehensive legal research platform for professionals across various fields.
- Zimmerman's Research Guide (LexisNexis): An online encyclopedia and collection of research guides offering enhanced searching for primary legal materials.
- National Conference of State Legislatures: Provides links to state legislative materials.
- Social Science Research Network (SSRN): A platform widely used by scholars to share papers and articles in several topical networks.
- Google Scholar: Allows users to search federal and state legal opinions, academic journal articles, conference papers, dissertations, and more.
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Knowing the jurisdiction
Types of Jurisdiction
There are several types of jurisdiction to be aware of:
- Subject Matter Jurisdiction: This refers to the court's authority to decide on a specific issue, such as a contracts dispute or a civil rights matter. State courts typically have general jurisdiction, while federal courts have limited jurisdiction defined by the Constitution and Congressional statutes.
- Territorial Jurisdiction: This pertains to the court's power to bind the parties involved in the case. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment, while federal court territorial jurisdiction is determined by the Fifth Amendment.
- Appellate Jurisdiction: This refers to the power of a higher court to review and correct the decisions of a lower court.
- Concurrent Jurisdiction: This occurs when two courts share the power to hear cases of the same type arising in the same place.
- Diversity Jurisdiction: This is the authority of federal courts to hear cases where the parties are from different states.
Personal Jurisdiction
Personal jurisdiction relates to whether a court is permitted to hear a case involving particular defendants. This can depend on factors such as the location of the parties and the nature of the dispute.
Federal vs. State Law
It is crucial to determine whether your case deals with federal or state law. If it is state law, you need to identify which specific state's laws apply. Precedents and laws can vary significantly between states, so this is an important distinction to make early in your research process.
Research Tools
When researching jurisdiction, online tools can be extremely helpful. Services like Westlaw provide access to a comprehensive range of legal sources and can help you find relevant case law and statutes related to jurisdiction. Additionally, don't underestimate the value of secondary sources, such as law journals and treatises, which can provide overviews of legal topics and save you time by pointing you in the right direction.
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Finding case law
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding on issues before them. There are several ways to find case law.
FindLaw
FindLaw offers a database of case law from the U.S. Supreme Court and U.S. Circuit Courts of Appeal, as well as several state supreme courts. It includes U.S. Supreme Court opinions, federal appellate court opinions, and state supreme, appellate, and trial court opinions. FindLaw also features an archive of Supreme Court opinion summaries since 2000.
Caselaw Access Project (CAP)
As part of a mission to make all published US court decisions freely available online, CAP offers free access to all official, book-published US case law. Every volume is designated as an official report of decisions by a court within the United States through June 2018.
Google Scholar
Google Scholar allows users to search for case law by selecting the "case law" option and choosing search terms. Users can also search by entering a citation. After executing a search, users can narrow their results by jurisdiction.
Casetext
Casetext's AI search tool, CARA, allows users to drag and drop a brief or complaint to find relevant cases. It is a low-cost option for legal research and offers a free 14-day trial.
Justia
Justia offers an extensive, free database to research case law, codes, statutes, regulations, and articles related to federal and state cases.
Primary Sources
Legislatures and courts are publishing their own materials, which are sometimes available online as downloadable PDFs. These can include rulings from regulatory and administrative agencies. However, some online versions are not considered "official" and can be refuted by the print version.
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Applying research to arguments
Research is a crucial aspect of crafting a compelling legal argument. Solid research skills are essential for building a strong case and providing substance to your legal work, ultimately leading to better outcomes for your clients. Here are some key considerations when applying research to arguments in the field of law:
Understanding the Basics of Legal Research
Start by familiarizing yourself with the fundamentals of legal research. Black's Law Dictionary defines legal research as "the finding and assembling of authorities that bear on a question of law." Essentially, it involves identifying and finding the laws, statutes, regulations, and court opinions that are relevant to your specific case. Understanding this process is crucial, whether you are a law student or a seasoned attorney.
Identifying the Legal Problem and Jurisdiction
Before conducting research, clearly define the legal problem and the desired outcome. This focus will help keep your research targeted and relevant. Additionally, determine the relevant jurisdiction, as laws can vary between federal and state levels, and even between states. Understanding the geographical scope of your case is crucial for ensuring the applicability of the laws you cite.
Choosing the Right Sources
Legal research involves using both primary and secondary sources. Primary sources, such as statutes, legislation, and court orders, establish the current law on a particular legal issue. Secondary sources, including law journals, treatises, and legal encyclopedias, provide thorough explanations and interpretations of legal principles. While primary sources are essential for supporting your argument, starting with secondary sources can give you a broad overview and save you time by providing expert analysis and citations to relevant primary sources.
Utilizing Technology and Tools
Take advantage of the various tools and technologies available for legal research. AI-powered tools like Clio Duo can assist in extracting information from documents, writing case summaries, and organizing your work. Legal research databases such as Fastcase or Casetext are invaluable for finding primary sources, while search engines like Google or Bing offer free access to a wealth of legal information.
Keeping Track of Your Research
Maintain a record of your research process and sources. Logging your work helps you avoid missing sources and allows you to explain your research strategy effectively. You can use paper logs, folders on Westlaw or Lexis, or online citation management platforms to keep track of your research journey.
Once you have conducted comprehensive legal research, you can apply your findings to construct a persuasive argument. Use the relevant laws, cases, and legal principles you have identified to support your position. Ensure that your argument is well-structured and that your research is up-to-date and applicable to the specific jurisdiction of your case. Remember, solid legal research forms the foundation of a compelling argument and can make a significant difference in the outcome of your legal work.
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Frequently asked questions
Legal research involves identifying, finding, and cite-checking information and applicable laws to support your legal argument. This includes finding statutes, regulations, and court opinions that are relevant to the facts of your case.
There are three types of sources: primary, secondary, and tertiary. Most legal research uses primary and secondary sources. Primary sources include statutes, legislation, and court orders, while secondary sources include law journals, practice guides, legal encyclopedias, and treatises.
There are many different fields of law to consider, including animal law, tax law, personal injury law, and real estate law. It is a good idea to learn about the various fields of law and follow your passions to find the right specialization for you.
